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TERMS OF USE

Welcome to the Allergy4Food.com website (the “Website”), which is owned and operated by Allergy4Food Distribution Center, LLC (“Allergy4Food”). Please note that your use of our Website means that you have read and agree to follow and be bound by these Terms of Use, which constitutes an agreement between Allergy4Food and you. Allergy4Food expressly reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by the Terms of Use, as modified by Allergy4Food from time to time. Because of this, Allergy4Food requests all users to review these Terms of Use whenever you use this Website. The Terms of Use can be viewed at any time by clicking on the link at the bottom of the page.

Site Content; Use of This Site

You may download the contents of this Website for your own personal, non-commercial use. No right, title or interest in any material on this Website is transferred or granted to you as a result of such downloading. Permission to reprint or reproduce any document or image from this Website in whole or part for any reason except for personal, non-commercial use is prohibited unless prior written consent is obtained from Allergy4Food.

In the event Allergy4Food believes you have failed to comply with any of the Terms of Use of this Website, you agree that Allergy4Food has the right, in its sole discretion and without notice, to restrict your access to the Website.

The content of the Website is not intended to serve as professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other qualified healthcare provider with any questions you have regarding a medical condition. You should never delay seeking medical advice or disregard it because of information you receive from our Website.

Disclaimer of Warranties and Limitation of Liability

Allergy4Food is selective about the information on our Website. However, we do not offer you any warranty or guarantee related to our Website. It is your responsibility to evaluate the information provided. If you are a healthcare professional, you should exercise your judgment in evaluating any information, and we encourage you to confirm the information contained on our Website with health care professionals before undertaking any diagnosis and/or treatment plans based on such information.

THE PRODUCTS SOLD BY ALLERGY4FOOD ARE MANUFACTURED AND SUPPLIED BY THIRD PARTIES AND ARE NOT PRODUCED BY ALLERGY4FOOD. AS SUCH, ALLERGY4FOOD PROVIDES NO INDEPENDENT WARRANTY WITH REGARD TO SAID PRODUCTS. WHERE APPLICABLE, ALLERGY4FOOD WILL PROVIDE A STATEMENT OF THE MANUFACTURER’S WARRANTY WITH THE PRODUCTS. ALLERGY4FOOD SHALL NOT BE LIABLE FOR ANY THIRD PARTY’S FAILURE TO FULFILL ANY APPLICABLE WARRANTY OBLIGATIONS.

ALLERGY4FOOD SHALL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS CONTAINED IN THIS WEBSITE. THIS WEBSITE IS PROVIDED BY ALLERGY4FOOD ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALLERGY4FOOD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALLERGY4FOOD DISCLAIMS, AND YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE AND THE PRODUCTS SOLD HEREIN. ALLERGY4FOOD DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ALLERGY4FOOD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALLERGY4FOOD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO OR BELIEVED TO BE RELATED TO THE USE OF THIS WEBSITE OR THE USE OF OTHER SITES LINKED TO THIS WEBSITE OR THE PRODUCTS SOLD HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS WHICH VARY FROM STATE TO STATE.

Some of the information contained in the presentations and certain other Website content may come from other sources. Allergy4Food is not responsible for this information. Whether the information comes from Allergy4Food or other sources, Allergy4Food is not liable for any damages resulting from your use of the information on our Website. If you are a healthcare professional, the use of any of the medications or other pharmaceutical products mentioned on our Website is based upon your own professional judgment, and Allergy4Food is not responsible for any damages related to the prescribing or use of any drug or other pharmaceutical product or medical device.

Disclaimer Regarding Medical Issues

The content and information contained on the Allergy4Food.com Website does not constitute professional medical advice and should not be substituted for professional medical advice, diagnosis and/or treatment. Rather, such content is provided strictly for general informational purposes only, and should not be relied upon as actual medical advice regarding any specific topic or matter. Your use of this Website does not create a physician-patient relationship between yourself or your child and the GI For Kids, PLLC physicians.

You should always seek the advice of your medical doctor or other qualified health care professional regarding any questions that you may have involving medical concerns, conditions, or treatment. Importantly, if any of the content on this Website ever appears to contradict medical advice that you have received from a medical doctor or other qualified health care professional, you should always rely upon the medical advice and recommendations of your medical doctor or other health care professional rather than the content contained on this Website.

The services of Allergy4Food and, to the extent applicable, any services of the physicians, registered nurses and dieticians, are offered in accordance with the applicable laws, regulations, and rules of conduct governing Allergy4Food’s business operations and medical practice, and we have endeavored to comply with all applicable medical and ethical rules and standards in establishing this Website. Neither Allergy4Food nor the physicians intend to practice medicine in any jurisdiction where such action would be unlawful, and nothing in this Website should be construed as engaging in any activity that would constitute the unauthorized practice of medicine.

If you believe that you or your child may be suffering from a serious medical condition or have a medical emergency, please do not consult this Website or call Allergy4Food for advice, but instead please immediately contact your medical doctor or call 911 emergency.

Any reliance by you on the content of this Website is subject to these Terms of Use and is done solely at your own risk.

Copyrights and Trademarks

Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Allergy4Food and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of Allergy4Food and is also protected by U.S. and international copyright laws.

Allergy4Food, and its suppliers and licensors, expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Allergy4Food’s, or any third party’s, intellectual property rights.

The Medical Interactive Education name, and all other deviations thereof, including Allergy4Food, the Allergy4Food logos, the Allergy4Food name and logo, and all related names, design marks and slogans are trademarks or service marks of Allergy4Food. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.

Links to Other Web Sites

References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Allergy4Food’s endorsement, sponsorship or recommendation of the third party, information, product or service. Allergy4Food is not responsible for the content or accuracy of material on such sites, and therefore disclaims responsibility for the content of such other web sites. If you decide to link to any such third party web sites, you do so entirely at your own risk. It is your responsibility to determine when you have left this Website.

Linking to Our Site

We generally will not object if you have a simple link from your web site to ours. However, you must first obtain Allergy4Food’s permission if you intend to frame our site or incorporate pieces of it into a different site or product in any manner. You are not permitted to link to Allergy4Food’s Website if you in any manner utilize illegal, obscene, or offensive content, or if the link in any way has a negative impact on Allergy4Food’s reputation, as determined by Allergy4Food, in its sole discretion.

Laws That Govern This Agreement

Allergy4Food controls the Allergy4Food.com Website from its offices within the State of Tennessee in the United States of America. The Website can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the Website may differ, by accessing and/or using this Website both you and Allergy4Food agree that this Website and the Terms of Use shall be construed, interpreted and enforced in accordance with the laws of the State of Tennessee, USA without regard to choice of laws principles.

Allergy4Food makes no representation or warranty that the materials on this Website is appropriate or available for use in other locations, and accessing this Website from territories where its contents are illegal is prohibited. Those who choose to access this Website from other locations, do so on their own initiative and are responsible for compliance with local laws.

You further agree that jurisdiction and venue for any actions or proceedings for any dispute or matter which in any manner is related to this Website or concerning the enforcement, construction or interpretation of this Agreement, shall be exclusively in the Chancery Court for Knox County, Tennessee, USA or the Federal District Court for the Eastern District of Tennessee, Northern Division, sitting in Knoxville, Tennessee, USA. You expressly submit and consent to the jurisdiction of the aforesaid courts and waive any defense of forum non conveniens.

Acceptance Procedure

By accessing any materials on our Website or registering as a user, you agree with all of the terms and conditions of this Agreement.

General

These Terms of Use represent the complete agreement between you and Allergy4Food and supersede all prior agreements, understandings and communications, whether oral or written. If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and shall not prejudice or affect the validity of enforceability of the remainder, and any such modification shall be in terms which correspond as closely as possible to the original provision; provided, however, that if such replacement is unable to be accomplished, then the same will be deemed omitted, and the validity and/or enforceability of the remaining provisions will not be affected or impaired thereby. Failure by Allergy4Food to claim a breach by you of these Terms of Use or to enforce any of Allergy4Food’s rights hereunder will not waive any right accruing under these Terms of Use, nor will it affect any subsequent breach hereof, limit the effectiveness of any provision of these Terms of Use, or prejudice Allergy4Food in any subsequent action to enforce strict compliance with these Terms of Use as to such breach or any subsequent breach.

Thank you for your cooperation. We hope you find the Allergy4Food.com Website helpful and convenient to use. Questions or comments regarding this Website should be submitted using our Contact Form or via U.S. Mail to Allergy4Food Distribution Center, LLC, 2100 Clinch Avenue, MOB Suite 510, Knoxville, TN 37916.

Revised, March 2011.